HomeMy WebLinkAbout09-24-07 Oak Springs Subdivision 6
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Oak Springs Subdivision, Phase 4, Final Plat
MEETING DATE: September 24, 2007
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission
approves the Final Plat of Oak Springs Subdivision Phase 4, and authorizes the Director of Public Service to
execute the same on behalf of the City of Bozeman.
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide approximately 14 acres
into 21 single-household residential lots, 26 modular lots, 1 public park tract and open space on property located
north of Durston Road, south of West Oak Street, and west of Harvest Creek subdivision. At the July 5, 2005
public hearing, the City Commission voted to approve the Oak Springs Subdivision Preliminary Plat with
seventeen (17) subdivision conditions and subject to all applicable subdivision code provisions. The applicant has
applied for final plat approval for Phase 4 and staff has concluded all terms and conditions of preliminary plat
approval have been met.
State law provides that the governing body shall approve the plat only if:
a) The plat conforms to the conditions of approval set forth on the preliminary plat and to the terms
of the state subdivision law and the regulations adopted by the Bozeman City Commission; and
b) The County Treasurer has certified that all real property taxes and special assessments assessed
and levied on the land to subdivide have been paid.
The County Treasurer has certified that the taxes and special assessments have been paid. Attached is a
memorandum from Dave Skelton, Senior Planner, delineating how the conditions of preliminary plat approval
have been satisfied.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax
revenues from new development, along with increased costs to deliver municipal services to the property.
ALTERNATIVES: As suggested by the City Commission
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager
Attachments: Review Memo to Tim Cooper, dated September 17, 2007.
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CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPM
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM
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TO: TIM COOPER, CITY ATTORNEY’S OFFICE
CYNTHIA DELANEY, DEPUTY CITY CLERK
FROM: DAVE SKELTON, SENIOR PLANNER
RE: FINAL PLAT REVIEW AND APPROVAL
OAK SPRINGS SUBDIVISION, PHASE 4
PLANNING FILE NO. P-07033
DATE: AUGUST 23, 2007
(Updated September 17, 2007)
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Oak Springs Estates, L.L.C., has made application to the Planning Office for Final Plat review
and approval for Oak Springs Subdivision, Phase 4, being a multi-phased, residential subdivision located
north side of Durston Road, south of West Oak Street, and west of Harvest Creek Subdivision.
On July 5, 2005, the City Commission granted preliminary plat approval to subdivide 78.05± acres
of agricultural land and create 188 single-household lots, 115 townhouse lots, and 8 two-household lots.
Staff’s summary review addresses the conditions of preliminary plat approval outlined in the Findings of
Fact and Order. Attached is a copy of the unsigned, Findings of Fact and Order which have been forward
to your office for review and still requires approval by the City Commission.
The developer has applied for final plat review and approval of Oak Springs Subdivision, Phase 4,
electing to financially guarantee a majority of the required subdivision improvements for said phase. Based
on the summary review provided below, both the City Engineering’s Office and Planning Department have
reviewed the application against the conditions of preliminary plat approval; and as a result, find that final
plat approval may be granted contingent on receiving the applicable financial guarantee.
Four (4) original mylars of the Final Plat, copy of Improvements Agreement, copy of Notice of
Building Permit Restrictions, and original Platting Certificate. The Improvements Agreement will be
recorded and filed with the final plat at the Clerk and Recorder’s Office. Please note that a copy of the
financial guarantee is not attached to the Improvements Agreement. The applicant will provide this once
your office has determined that the final plat may be scheduled before the City Commission.
The Planning Staff respectfully requests that you prepare a City Attorney's Certificate using the
attached original Platting Certificate, approve the Certificates of Director of Public Service, Release of
Sanitary Restrictions, and Certificate of Completion "as to form". If you find this submittal acceptable,
please place the final plat application on the earliest scheduled Consent Agenda of the Bozeman City
Commission, and advise staff accordingly in order for the applicant to provide the appropriate
financial guarantee prior to the City Commission acting on the matter.
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
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Once the Commission has acted on the Final Plat application, please forward the original mylar plats
and documents to the Director of Public Service and have the Director sign the appropriate certificates on
the final plat and original “Notice of Building Permit Restrictions”. Please make sure the Director’s
signature’s are notarized and return all of the documents to the Planning Office in the Inter-Department
routing envelope for their protection.
Based on the applicant having submitted a complete application for final plat review and approval on
July 18, 2007, exclusive of executing the Improvements Agreement and financial guarantee, the 45-day (working
days) review period for this final plat would expire on September 19, 2007. The conditions of preliminary
plat approval, which are pertinent to this phase, and how they have been met, follow:
1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
• The applicant’s written narrative outlines how each of the identified Bozeman
Municipal Code provisions outlined in the staff report and Findings of Fact and
Order have been addressed.
• Sam Martine of the, Department of Environmental Quality granted approval of plans
and specifications for infrastructure on August 9, 2006.
• Andy Kerr reviewed and approved the final plat for Phase 4 of Oak Springs
Subdivision for closure on September 6, 2007.
• The Park Master Plan for Oak Springs Subdivision was approved by the City
Commission on December 5, 2005.
2. Plans and specifications and a detailed design report for water and sewer main extensions, storm
sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved
by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall
also provide Professional Engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have been approved and a pre-
construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance of
the required infrastructure improvements.
Plans and specifications for all infrastructure and street improvements in Phase 4 have been
reviewed and approved by the City Engineer’s Office on August 15, 2006. Said
improvements are under construction, but not completed, inspected, certified and accepted
by the City of Bozeman. As a result, the applicant has financially guaranteed the required
infrastructure and street improvements.
3. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets,
curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages,
and related storm drainage infrastructure improvements shall be financially guaranteed or
constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a property
prior to occupancy of any structure on the property. Upon the third anniversary of the plat
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recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk
shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of
whether other improvements have been made upon the lot. This condition shall be included on the
plat and in the covenants for the subdivision.
Infrastructure improvements are financially guaranteed and provisions for installation of
sidewalks are noted on the final plat. The City Engineer’s office has concluded that with
said provisions outlined in the Improvements Agreement and financially guarantee, as well
as said reference on the final plat for completion of subdivision improvements, that is not
necessary require additional language in the protective covenants.
4. Half of Oak Street shall be improved to the 5-Lane Principal Arterial standard as shown in the
Transportation Plan from the end of the existing street at Harvest Creek to the western boundary of
the subdivision.
Said improvements have been completed.
5. The north half of Durston Road shall be improved to the typical section being used on the City SID
project along the entire frontage of the subdivision including tapers back to existing asphalt on the
east and west end meeting AASHTO standards. All of the improvements to Durston Road shall be
completed with Phase IV of the subdivision.
Said Durston Road improvements will be financially guaranteed as part of the
Improvements Agreement for Phase 4 and completed prior to issuance of building permits.
6. Building Permits shall only be issued for the first two phases of the subdivision until such time as
Durston Road is improved from N. 19th Avenue to Fowler Avenue.
Said improvements to Durston Road as described in this condition have been completed.
7. A temporary turnaround shall be installed at the west end of Dylan Lane.
Completion of the temporary turnaround at the west end of Dylan Lane, now referred to as
Renova Lane, have been completed.
8. Prior to commencement of phase three, sewer flow monitoring shall be performed to determine if
the relief sewer main (N2) needs to be constructed. If it is determined that it is needed at that time,
it shall be constructed and accepted prior to issuance of building permits for that phase.
This condition no longer applies as said relief sewer main was constructed by the
developers of Meadow Creek Subdivision.
9. The Traffic Impact Analysis prepared for the project shall be reviewed and approved by MDT. The
recommended improvements to the signal at Oak and 19th shall be installed as part of the required
infrastructure for Phase I.
These improvements have been installed as outlined by MDT.
10. The sidewalks adjacent to Oak and Durston shall be 6’ wide, and shall be installed at the time the
street improvements are done.
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The applicant’s written narrative notes that said improvements in Phase 4 will be financially
guaranteed with the filing of the final plat and completed prior to issuance of building
permits.
11. This property is part of all three Valley West payback districts. Paybacks will be due with each phase
of the subdivision.
The City Engineer’s Office has received payment for the three payback districts for Phase 4
and said paybacks confirmed by Laurae Clark on July 13, 2007.
12. That the subdivision exemption for relocation of a common boundary between the adjoining
landowner, Douglas L. Smith, and McDonald Land Company be executed at the Gallatin County
Clerk & Recorder’s Office prior to submitting for final plat review and approval.
Said Certificate of Survey No. 2530A is filed and of record at the Gallatin Country Clerk and
Recorder’s Office.
13. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and
approval. If the final plat of the subdivision is filed in phases, water rights, or cash in-lieu thereof
will only be required for each phase of the subdivision that is being filed. The applicant shall
provide payment of the calculated cash in-lieu of water rights based on an amount determined by
the Director of Public Service.
Payment of cash in-lieu of water rights in amount of $9,242.00 by Oak Springs Estates,
L.L.C., has fulfilled on July 23,2007 for Phase 4.
14. Dedication of the public parkland will be with the first phase of the major subdivision.
Said 10.6218 acres of public parkland was dedicated with the final plat for Phase 1.
15. That portion of the public park that is not part of the McDonald Annexation will need to be
annexed into the corporate limits of the City of Bozeman (i.e., annexation of Doug Smith property).
With annexation of the Doug Smith property to the west and realignment of the common
boundary between the applicant and Doug Smith (i.e.., C.O.S. No. 2530A) this condition
has been met.
16. A 1-foot wide “No Access” strip shall be shown on the plat along the entire frontage of Oak Street
and Durston Road.
Said “No Access” strip is noted accordingly on the final plat.
17. PRVs shall be installed at all connections to the existing water system on the south end of the
subdivision
Said Pressure Reducing Values was installed with Phase I.
DS/dps
Attachments: Four (4) Mylar Final Plats and One (1) Blackline Copy
Original Platting Certificate
Copy of Improvements Agreement
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Copy of Notice of Building Permit Restrictions
Findings of Fact and Order
Copy of the Declaration of Protective Covenants
cc: Oak Springs Estates, L.L.C., 1777 Sun Peak Drive, Park City, UT 84098
C & H Engineering, 1091 Bozeman, MT 59718
Planning File No. P-07033
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